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PEOPLE v. ORTIZ

61 A.D.3d 1003 (2009)

___ N.Y.S.2d ___

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL ORTIZ, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 28, 2009.

[61 A.D.3d 1004]
Ordered that the judgment is affirmed.

Although the participants in a lineup should all share the same general physical characteristics, there is no requirement that the defendant be surrounded by persons of nearly identical appearance (see People v Kirby, 34 A.D.3d 695 [2006]). Here, the photograph taken of the lineup viewed by the complainant depicts six males of the same race...

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